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Report for prosecution issued by SWR

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Ghostambition

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To give some backstory, I have been applying a 16-17 railcard on approx. 60 tickets since it expired. I was on my train to work from Ashtead to Twickenham and then an inspector came on board asking for tickets. As he came over to me, I immediately told him that I do not have the railcard. He asked for me for my details, I then gave him my ID and a copy of my ticket. He then asked me if I had applied this railcard on tickets before, to which "I said no", which was false as I have used it both validly and invalidly. The inspector did not give me a fine (as an appreciation of immediate honesty), but the inspector also gave me a receipt titled with 'report for prosecution' on it. Does this mean that they will now go through my entire payment history? and if so, can they prove I used the tickets I bought? I will not try sympathy plead on this post as I know I am completely in the wrong (e.g. calling it a stressful experience (which it is!)). What are my chances that I receive an out of court settlement? A criminal record is not ideal for someone who wants to become a GP. I am glad to say that I will now buy a 16-25 railcard.
Thanks for taking the time to read (and hopefully respond to) this!
 
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jfollows

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Yes, they will examine your online ticket purchase history.

They will likely offer you a settlement for full fare single tickets for maybe £13.70 each for every single journey they think you incorrectly claimed a railcard discount for, plus £150-£200 for their costs. They may offer this directly, or you may have to ask for it.

If you don’t settle, they will take you to court for the one case when they stopped you, including a claim for their costs, and you’ll get a criminal record.

If by “60 tickets” you mean 60 return journeys then I estimate you’ll be asked to pay of the order of £1,800 to settle.
 
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skyhigh

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Yes, they will check your purchase history. They do not need to prove it was you who used the previous tickets - the usual course of action is to ask for a settlement covering all the tickets, and if you decline prosecute for the single offence they have the evidence for.

GWR almost always settle if you cooperate with them when they write to you.
 

Ghostambition

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Thank you! That was very helpful and I will update you.
Yes, they will examine your online ticket purchase history.

They will likely offer you a settlement for full fare single tickets for maybe £13.70 each for every single journey they think you incorrectly claimed a railcard discount for, plus £150-£200 for their costs. They may offer this directly, or you may have to ask for it.

If you don’t settle, they will take you to court for the one case when they stopped you, including a claim for their costs, and you’ll get a criminal record.

If by “60 tickets” you mean 60 return journeys then I estimate you’ll be asked to pay of the order of £1,800 to settle.tn

== Doublepost prevention - post automatically merged: ==

Yes, they will examine your online ticket purchase history.

They will likely offer you a settlement for full fare single tickets for maybe £13.70 each for every single journey they think you incorrectly claimed a railcard discount for, plus £150-£200 for their costs. They may offer this directly, or you may have to ask for it.

If you don’t settle, they will take you to court for the one case when they stopped you, including a claim for their costs, and you’ll get a criminal record.

If by “60 tickets” you mean 60 return journeys then I estimate you’ll be asked to pay of the order of £1,800 to settle.
It's a mixed range of singles and returns. Some were to Epsom, Thames Ditton, London Waterloo etc. not just Twickenham so it may be a tad bit less. Thanks for the reply!

== Doublepost prevention - post automatically merged: ==

Yes, they will check your purchase history. They do not need to prove it was you who used the previous tickets - the usual course of action is to ask for a settlement covering all the tickets, and if you decline prosecute for the single offence they have the evidence for.

GWR almost always settle if you cooperate with them when they write to you.
Thanks for the reply. That is very reassuring. I have a further question, if in the unlikely event they do prosecute, what conviction would it go down as? Fraud?
 
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jfollows

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Thanks for the reply. That is very reassuring. I have a further question, if in the unlikely event they do prosecute, what conviction would it go down as? Fraud?
Very unlikely.
Railway Byelaws contravention, or something similar.
Easy to prove.
Fraud - I think - needs to prove intent which is much harder.
to prove that the Defendant subjectively knew they were being dishonest when they committed the offence, and their actions were objectively dishonest according to the standards of ordinary people.
 

WesternLancer

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The inspector did not give me a fine (as an appreciation of immediate honesty),
:lol: That's a new one.

A "fine" on the spot (presumably a penalty fare like you see on the posters at stations) should not be given to people who have been caught deliberately evading fares as it allows the evasion to be dealt with by paying £50 when you could have evaded hundreds of pounds worth of tickets.

the report for prosecution is so that the back office who have the time and resources can investigate what you have been doing, obtain the ticket buying records and ask you to pay for all the fares you have evaded that they can detect or reasonably assume you have evaded. If you don't want to pay what they ask then it goes to court where they prosecute you for the occasion where they caught you red handed and you probably end up paying more in court fine etc than paying for the fares you evaded, plus you get a criminal record which most people want to avoid having as it might have other financial consequences never mind career implications in your case.

It sounds like at some point you may have had a 16-17 saver Railcard legitimately and used it when you were entitled to do so? Is that correct?

If so they will likely want you to prove you did have one at the time, and if you can prove it they may accept those fares were legitimate. Then they will charge you for full Anytime fares for travel they can detect after your 18th birthday - so they may also want proof of your date of birth.

If you are intending to become a GP or have any sort of career in the medical profession this should be a serious wake up call for you. You need to be doing everything you can to keep this out of court - that means total co-operation with them - paying the sum of money they might ask you for for all of these journeys is the least of your problems.

Do not underestimate what could happen here.
 

Ghostambition

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:lol: That's a new one.

A "fine" on the spot (presumably a penalty fare like you see on the posters at stations) should not be given to people who have been caught deliberately evading fares as it allows the evasion to be dealt with by paying £50 when you could have evaded hundreds of pounds worth of tickets.

the report for prosecution is so that the back office who have the time and resources can investigate what you have been doing, obtain the ticket buying records and ask you to pay for all the fares you have evaded that they can detect or reasonably assume you have evaded. If you don't want to pay what they ask then it goes to court where they prosecute you for the occasion where they caught you red handed and you probably end up paying more in court fine etc than paying for the fares you evaded, plus you get a criminal record which most people want to avoid having as it might have other financial consequences never mind career implications in your case.

It sounds like at some point you may have had a 16-17 saver Railcard legitimately and used it when you were entitled to do so? Is that correct?

If so they will likely want you to prove you did have one at the time, and if you can prove it they may accept those fares were legitimate. Then they will charge you for full Anytime fares for travel they can detect after your 18th birthday - so they may also want proof of your date of birth.

If you are intending to become a GP or have any sort of career in the medical profession this should be a serious wake up call for you. You need to be doing everything you can to keep this out of court - that means total co-operation with them - paying the sum of money they might ask you for for all of these journeys is the least of your problems.

Do not underestimate what could happen here.
Thank you for the reply! I had a 16-17 railcard which I used for two years but I mainly purchased travelcard tickets at the office. Do you know how long it will take to get back to me?
 

WesternLancer

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Thank you for the reply! I had a 16-17 railcard which I used for two years but I mainly purchased travelcard tickets at the office. Do you know how long it will take to get back to me?
you can expect it to be some weeks before they write to you (maybe 4 to 6 perhaps) - you need to watch out for hard copy post as well as e-mail and spam. It's vital you receive their communication and respond to it appropriately if you want to avoid being taken to court.

Not sure if you are yet at medical school / training as GP - but you should read something like this - I'm sure all medical schools will say something similar - and things start with the application to study


Degree programmes that lead to the award of a professional qualification have a duty to the public to ensure that students seeking to enrol and students who are enrolled meet the relevant standards of professional conduct. In the case of medical students, the General Medical Council (GMC) provides guidance to Medical Schools and their students on Professionalism and Fitness to Practice in their publication Achieving Good Medical Practice
 
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WesternLancer

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In your experience, do you think they will offer an out of court settlement?
If you co-operate with them then there is a strong chance they will do so from what we see in the forum. You can look at other threads involving SWR to see how other cases play out

This general reply from a long standing forum member that I am copying here may help you


Firstly, you committed a criminal offence by travelling with an invalid ticket and the railway company are entitled to prosecute you in the Magistrates Court if they want to. The good news is they will normally offer an out of court settlement to people who co-operate with them and who haven't come to their attention before.

Next, what happens is the railway company will write to you. The letter will go to the address that you gave. It is extremely important that you reply, and you'll only have 14 days to do so.

When you receive the letter post a redacted copy of it in this thread, along with your draft reply and forum members will proof read it for you. You'll find lots of example letters you can use in this section of the forum but the reply basically needs to mention:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare(s) and administrative costs in dealing with the matter

Hopefully they will offer you an out of court settlement. Expect to have to pay the cost of the fare for the journey you made at the full Anytime rate with no credit given for the invalid ticket you purchased. In addition they will charge an admin fee, typically £150. They will also audit your online ticket purchase history and if this shows you've purchased other railcard discounted tickets since the railcard expired they will factor the cost of these journeys into the settlement.

Settlements usually have to be paid in full within a few days of them being offered so if money is tight you might want to think about how you will raise the sum required at short notice.
 

Cantab26

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Very unlikely.
Railway Byelaws contravention, or something similar.
Easy to prove.
Fraud - I think - needs to prove intent which is much harder.

to prove that the Defendant subjectively knew they were being dishonest when they committed the offence, and their actions were objectively dishonest according to the standards of ordinary people.

The quoted text in bold does not represent current law and should not be relied upon.
 

WesternLancer

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whilst you are waiting to hear from them you should:

- buy a correct railcard ASAP (ie now) - this is then something you can say you did to show you have changed your ways to legitimately reduce your fares

- 100% buy legit tickets every time. You are on their radar now

- if you are already a student consider going and getting some confidential advice from your student union advice service. The process you are in is the start of being investigated for a criminal act. You need to check with them if there is anything you may need to declare to your course / university at this stage for example

- go through your on line purchase records for rail tickets with whoever you buy tickets from. Make your own private list of all the occasions where you have bought tickets discounted with a railcard you do not have or were not entitled to use (do not share that info but have it prepared)

- do not delete any on line accounts for ticket buying (it looks suspicious to do so as well as places you at a disadvantage because the railway company can still access them), but you may wish to choose a different ticket retailer in future.
 

Ghostambition

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If you co-operate with them then there is a strong chance they will do so from what we see in the forum. You can look at other threads involving SWR to see how other cases play out

This general reply from a long standing forum member that I am copying here may help you


Firstly, you committed a criminal offence by travelling with an invalid ticket and the railway company are entitled to prosecute you in the Magistrates Court if they want to. The good news is they will normally offer an out of court settlement to people who co-operate with them and who haven't come to their attention before.

Next, what happens is the railway company will write to you. The letter will go to the address that you gave. It is extremely important that you reply, and you'll only have 14 days to do so.

When you receive the letter post a redacted copy of it in this thread, along with your draft reply and forum members will proof read it for you. You'll find lots of example letters you can use in this section of the forum but the reply basically needs to mention:

- That you are sorry for what has happened
- What you have learned from the incident
- That you are keen to settle the matter without the need for court action
- Offer to pay the outstanding fare(s) and administrative costs in dealing with the matter

Hopefully they will offer you an out of court settlement. Expect to have to pay the cost of the fare for the journey you made at the full Anytime rate with no credit given for the invalid ticket you purchased. In addition they will charge an admin fee, typically £150. They will also audit your online ticket purchase history and if this shows you've purchased other railcard discounted tickets since the railcard expired they will factor the cost of these journeys into the settlement.

Settlements usually have to be paid in full within a few days of them being offered so if money is tight you might want to think about how you will raise the sum required at short notice.
I will do so. Thank you for the great advice.
 

jfollows

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The quoted text in bold does not represent current law and should not be relied upon.
Fine, and I’m no lawyer so thank you for the correction, but then what would you replace it with to be more appropriate?
 

Cantab26

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Fine, and I’m no lawyer so thank you for the correction, but then what would you replace it with to be more appropriate?
On the basis of the facts and circumstances as the accused understood them to be, would his behaviour be considered dishonest by the standards of ordinary, reasonable people?
 

Ghostambition

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I received an email (as attached) from SWR prosecutions regarding the incident on the 4th of October in which I did not show a 16-17 Railcard to a ticket inspector which I applied to the ticket. I have been traveling from Ashtead. They now have discovered ‘inconsistencies in my purchase history’ (I.e. using the same Railcard for other tickets). I had a 16-17 Railcard until it expired on the 02/05/25. I forgot that it had expired and kept applying it on approx. 60 tickets until the date of the incident. Following the incident I have bought an 18-25 Railcard which I have been applying to all my tickets since. Can you help me draft a letter? Thank you.
 

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WesternLancer

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essentially you need to draft a reply that includes

- a clear apology for the error in not noting that the railcard had expired and you were not entitled to the discount on tickets (send them a copy of the Railcard expiry date / copy of your old railcard if you can - so they only seek to charge you for tickets concerned)
- if this was a genuine oversight then state that (and make it clear you were not actively intending to evade fares - but do not lie about this under any circumstances - if that wasn't the case then just don't mention it)
-
show that you understand why evading fares is wrong (as it is unfair on other people who pay the correct fare)
- make it clear you have learned a lesson from this and have done something to resolve the situation (ie you bought a new appropriate railcard - and include a copy of that so they know the start date) - set your own reminder for it's expiry in your diary and tell them that is what you have done so you don't make the same mistake as before
- request an opportunity to resolve the matter without action being taken in court by offering to pay them the money owed for occasions when they believe you have not paid the correct fare, and their costs in investigating the matter
- ask them if they can provide you with a list of the occasions they believe a correct ticket was not held, (so you can check if it looks correct to you) 'as you wish to co-operate with their investigation in the interests of resolving the matter as efficiently as possible'

have a go at drafting something up that covers those points - there are lots of other examples on the forum where people have had to do the same you can look over

If you post your draft here then people will help you get it as good as it can be.
 
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SuspectUsual

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- if this was a genuine oversight then state that (and make it clear you were not actively intending to evade fares - but do not lie about this under any circumstances
- if that wasn't the case then just don't mention it)

The OP made pretty clear in his first post that this was deliberate. @Ghostambition please, please don't be tempted to either say this was an accident or even imply that. Equally, you don't have to directly say it was deliberate. You can use a phrase like "an error of judgement" or similar
 

Ghostambition

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My draft

Dear (name),

I am writing in response to your letter dated 12/02/2026 regarding the incident that took place at Richmond on 04/10/2025.

Firstly, I would like to offer my sincerest apologies for what has happened. I fully understand the severity of fare evasion and how it is unfair to passengers who pay the full fare.

This is not something I intend to repeat. Since the incident, I have paid the correct fare every time, including purchasing a 16-25 railcard (no. - as attached).

I have held a 16-17 railcard from the 09/09/2024 until its date of expiry on the 01/05/2025 (no. - as attached).

Thank you for giving me an opportunity to respond. I would be grateful if we could initiate an out-of-court settlement. I am willing to pay any outstanding fares and any reasonable administrative costs incurred that I may owe.





Yours sincerely,


(Full name)
 

WesternLancer

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The OP made pretty clear in his first post that this was deliberate. @Ghostambition please, please don't be tempted to either say this was an accident or even imply that. Equally, you don't have to directly say it was deliberate. You can use a phrase like "an error of judgement" or similar
Thanks - I confess I wasn't sure but now suspect you are correct - in which case the OP needs to make it clear in their response that they understand what they did was wrong and why it was wrong (I'll edit my post)

== Doublepost prevention - post automatically merged: ==

My draft

Dear (name),

I am writing in response to your letter dated 12/02/2026 regarding the incident that took place at Richmond on 04/10/2025.

Firstly, I would like to offer my sincerest apologies for what has happened. I fully understand the severity of fare evasion and how it is unfair to passengers who pay the full fare.

This is not something I intend to repeat. Since the incident, I have paid the correct fare every time, including purchasing a 16-25 railcard (no. - as attached).

I have held a 16-17 railcard from the 09/09/2024 until its date of expiry on the 01/05/2025 (no. - as attached).

Thank you for giving me an opportunity to respond. I would be grateful if we could initiate an out-of-court settlement. I am willing to pay any outstanding fares and any reasonable administrative costs incurred that I may owe.





Yours sincerely,


(Full name)
I would at least change the end bit to something a bit more 'pleading' in tone - they are under no obligation to offer you an out of court settlement - so I'd suggest eg 'I would be most grateful if you would sympathetically consider allowing me to resolve this with an out of court settlement'

As I suggested above - I'd also ask them for the details of the travel they think you might owe them for (because otherwise when they come back to you asking for £x vast sum you won't have any idea if that is correct or not and may need to have further exchanges with them) but you don't have to do that if you are happy to pay them whatever they ask for, or wish to seek clarification of any sum requested later on.
 
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Ghostambition

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Joined
6 Oct 2025
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Location
Twickenham
essentially you need to draft a reply that includes

- a clear apology for the error in not noting that the railcard had expired and you were not entitled to the discount on tickets (send them a copy of the Railcard expiry date / copy of your old railcard if you can - so they only seek to charge you for tickets concerned)
- if this was a genuine oversight then state that (and make it clear you were not actively intending to evade fares - but do not lie about this under any circumstances - if that wasn't the case then just don't mention it)
- make it clear you have learned a lesson from this and have done something to resolve the situation (ie you bought a new appropriate railcard - and include a copy of that so they know the start date) - set your own reminder for it's expiry in your diary and tell them that is what you have done so you don't make the same mistake as before
- request an opportunity to resolve the matter without action being taken in court by offering to pay them the money owed for occasions when they believe you have not paid the correct fare, and their costs in investigating the matter
- ask them if they can provide you with a list of the occasions they believe a correct ticket was not held, (so you can check if it looks correct to you) 'as you wish to co-operate with their investigation in the interests of resolving the matter as efficiently as possible'

have a go at drafting something up that covers those points - there are lots of other examples on the forum where people have had to do the same you can look over

If you post your draft here then people will help you get it as good as it can be.
Thank you for the advice.
 

Ghostambition

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Joined
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Location
Twickenham
Thanks - I confess I wasn't sure but now suspect you are correct - in which case the OP needs to make it clear in their response that they understand what they did was wrong and why it was wrong (I'll edit my post)

== Doublepost prevention - post automatically merged: ==


I would at least change the end bit to something a bit more 'pleading' in tone - they are under no obligation to offer you an out of court settlement - so I'd suggest eg 'I would be most grateful if you would sympathetically consider allowing me to resolve this with an out of court settlement'

As I suggested above - I'd also ask them for the details of the travel they think you might owe them for (because otherwise when they come back to you asking for £x vast sum you won't have any idea if that is correct or not and may need to have further exchanges with them) but you don't have to do that if you are happy to pay them whatever they ask for, or wish to seek clarification of any sum requested later on.
Thank you for your reply.

I amended my letter as such:

My draft

Dear (name),

I am writing in response to your letter dated 12/02/2026 regarding the incident that took place at Richmond on 04/10/2025.

Firstly, I would like to offer my sincerest apologies for what has happened. I fully understand the severity of fare evasion and how it is unfair to passengers who pay the full fare.

This is not something I intend to repeat. Since the incident, I have paid the correct fare every time, including purchasing a 16-25 railcard (no. - as attached).

I have held a 16-17 railcard from the 09/09/2024 until its date of expiry on the 01/05/2025 (no. - as attached).

Thank you for giving me an opportunity to respond. I would most be grateful if you would sympathetically consider resolving this matter without court proceeding. I am willing to pay any outstanding fares and any reasonable administrative costs incurred that I may owe.

Could you please provide details of the inconsistencies in my ticket purchase history?

Yours sincerely,


(Full name)
 

WesternLancer

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15,138
Thank you for your reply.

I amended my letter as such:

My draft

Dear (name),

I am writing in response to your letter dated 12/02/2026 regarding the incident that took place at Richmond on 04/10/2025.

Firstly, I would like to offer my sincerest apologies for what has happened. I fully understand the severity of fare evasion and how it is unfair to passengers who pay the full fare.

This is not something I intend to repeat. Since the incident, I have paid the correct fare every time, including purchasing a 16-25 railcard (no. - as attached).

I have held a 16-17 railcard from the 09/09/2024 until its date of expiry on the 01/05/2025 (no. - as attached).

Thank you for giving me an opportunity to respond. I would most be grateful if you would sympathetically consider resolving this matter without court proceeding. I am willing to pay any outstanding fares and any reasonable administrative costs incurred that I may owe.

Could you please provide details of the inconsistencies in my ticket purchase history?

Yours sincerely,


(Full name)
Looking better. Probably wait 24 hours best sending to give others chance to comment if you are not up against their deadline.
 

MotCO

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6,112
Thank you for your reply.

I amended my letter as such:

My draft

Dear (name),

I am writing in response to your letter dated 12/02/2026 regarding the incident that took place at Richmond on 04/10/2025.

Firstly, I would like to offer my sincerest apologies for what has happened. I now fully understand the severity of fare evasion and how it is unfair to passengers who pay the full fare.

This is not something I intend to repeat. Since the incident, I have paid the correct fare every time, including purchasing a 16-25 railcard (no. - as attached).

I have held a 16-17 railcard from the 09/09/2024 until its date of expiry on the 01/05/2025 (no. - as attached).

Thank you for giving me an opportunity to respond. I would most be grateful if you would sympathetically consider resolving this matter without court proceeding. I am willing to pay any outstanding fares and any reasonable administrative costs incurred that I may owe.

Could you please provide details of the inconsistencies in my ticket purchase history?

Yours sincerely,


(Full name)
I suggest, if it is not too late, to add 'now' to this sentence, otherwise it implies that you knew about the severity of fare evasion all along, but still did it. @Now' implies that uou have now learnt your lesson.
 
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